PRIVACY AND TERMS

TERMS
OF USE – 3 June 2019

1. The ‘7plus’
digital content service

The
‘7plus’ service is a digital content service owned and operated by Seven
Network (Operations) Limited, and is accessible via mobile application and
various supported devices (collectively “the
App”) and website at www.7plus.com.au
(“the
Website”) (“the Service”).

These Terms govern the supply of the Service.

Your use of the Service indicates your
understanding and acceptance of these Terms, and has the same force and effect
as if you had actually signed these Terms.

In these Terms: 'you' and 'your' mean
the customer, and includes members of your household; we, our and us mean Seven
Network (Operations) Limited.

2.
Accessing the Service – minimum requirements

To
be eligible to access the Service you must be located in Australia and be over
the age of 15, or otherwise have your parent’s permission to use the Service.

You can
access the Service by going to the Website at www.7plus.com.au,
or downloading the App from the Google Play store (for Android) or Apple app
store (for iOS) or via a supported device.

You must
be using a supported device, as listed in our FAQs on the Support page at support.7plus.com.au.

You must
have a broadband plan with minimum speed of 0.8Mbps (however at least 3Mbps is
recommended).

3.
Signing up

Signing up
is not mandatory on web and mobile, however you are required to register if you
wish to:

access ‘Member Exclusive Content’;

access HD 720p format;

use “Continue Watching” feature to resume
watching a video from a different device;

receive content recommendations based on your
viewing behaviour;

access other features we release only to
signed in users from time to time; and/ or

watch VOD content via 7plus on Apple TV,
Telstra TV and Fetch.

You may
sign up to the Service using one of the following:

Via your email and password; or

Using your Facebook sign on; or

Using your Google sign on.

You must provide us
with accurate and complete information when you access the Service. You must
keep all your identification and user information required to access the Service
strictly confidential. You should not reveal your password to anyone nor use
anyone else’s password. You are entirely responsible for all
activities that occur through your password, and you agree to immediately
notify us in the event you become aware of any unauthorised use or breach of
security.

4.
Intellectual Property

You acknowledge that the audio-visual content that you are able to
access, view and display via the Service (“Content”) contains proprietary information and material
that is owned by us and our licensors, and is protected by intellectual
property and other laws including copyright.
You agree you will not use such proprietary information or materials in
any way whatsoever except for use of the Service in accordance with these Terms
of Use. No part of the Service may be
reproduced in any form or means except as expressly permitted in these Terms.

Your use of any Content
streamed using the Service is conditional upon your acceptance of these Terms
of Use. If you do not agree with them, do not use the Service.

You are authorised to
use the Content only for your personal, non-commercial use, and you may not
copy, download, redistribute, transfer, sell, rent, lease or otherwise assign
or sublicense them to any other person or device, nor in any way alter such
Content nor use it in any advertising or promotional materials.

You acknowledge that
the Content we provide to you is by way of licence only, and that the Content
you access through the Service includes technology that protects digital
information and our rights and those of our licensors.

You agree that you
will not attempt to, nor encourage or assist any other person to, circumvent or
modify any digital rights management or security technology or software that is
part of the Service, nor interfere with, remove or alter any rights management
information nor proprietary notices or labels on the Content.

We may monitor your
compliance with these Terms from time to time, and in the event of breach by
you, we may terminate your use of the Service and take advantage or any
available remedies at law.

5.
Subtitles and commentary

Subtitles and closed
captions are not available for all Content.

6.
Availability and accuracy of the Service

We
will provide the Service to you in accordance with these Terms, within a
reasonable time and using due care and skill, and (with respect to some
Content) according to your geographic location.

We
want to give you the best service possible, but sometimes availability of the
Service may be affected by factors outside our control. For this reason we
cannot guarantee that:

the Service will be available to you at all
times;

the Service will always be accurate; or

streaming speeds of the Service won't vary
from time to time.

In
using the Service, you acknowledge that your use of the Service may not be
uninterrupted, timely, secure or error free. You also acknowledge that the
Service and the servers that provide you with data and third party content and
third party services may not be free of viruses or other harmful components.

On
occasion, technical problems or file sizes may delay or prevent Content from
being streamed. It may also be necessary for us to interrupt the Service (or
parts of it) occasionally in order to upgrade or maintain it. Should we need to
interrupt the Service we will, whenever possible, conduct maintenance or
upgrades at times that would minimize inconvenience to our customers and restore
the Service as soon as possible.

7.Changes
to the Service

We may at
our discretion and from time to time change, add, or remove features and
functionality of the Service or discontinue one or some of the features of the Service
without notice.

8.
Third Party Links

From
time to time the App or Website may display links to third party websites. You
understand that you may be required to agree to third party terms and
conditions before being provided such access through the Service and that you
access and use third party services at your own risk.

9. Your personal
broadband usage

To
use the Service you need a minimum speed of 0.8Mbps (however at least 3Mbps is
recommended). You are responsible for
checking with your internet service provider as to whether your plan is
suitable.

You
are responsible for paying for your personal broadband connection, including
any data charges (even if you are able to receive the Service free of charge).

The
content you stream via the Service may be metered by your internet service
provider, and counted towards any usage allowance you have and/or be charged to
you by your provider.

Streaming
quality varies depending on broadband connection speed. The App uses an adaptive bitrate system that
automatically adjusts the quality of the stream based on the device capability
and quality of your broadband connection to start the streams as quickly as
possible and to minimize buffering to the extent possible in the context of all
the various broadband plans our customers have.
However, we are not responsible for buffering which may occur if your
broadband plan is not suitable (ie: does not have the minimum
speed of 0.8Mbps, or if buffering occurs for other reasons
beyond our reasonable control).

10.
Advertising

You acknowledge that there may be advertising displayed as part of the Service,
providing you information regarding products and services.

This advertising may be in the form of display advertising, pre-roll
advertising (which appears before you start watching Content), mid-roll
advertising (which appears during your viewing of the Content) and post-roll
advertising (which appears after you have finished watching the Content).

You acknowledge that the Service is advertising-funded, and that use of
ad blocking software on your device will not block all advertising served by us
or on our behalf.

11. Customer support

For customer support
in relation to your use of the Service go to our Support page where you will
find FAQs and an online email form to submit queries. You are required to provide us with complete
and accurate information regarding any customer service query you submit.

12.
Changes to these Terms and effect of these Terms

We may vary these Terms or any information
contained on the Service at any time. However, if a variation is likely to have
a detrimental impact on you, and that impact is more than a minor impact, we
will notify you of the change no later than when the change becomes effective.

In the event these Terms are inconsistent
with any other Terms you have agreed to in relation to your ongoing use of these
Terms will prevail to the extent of that inconsistency.

13.
Privacy

If
you are under 15 years old, you must give this Privacy Statement to your parent
and get their permission for you to use the Service.

Seven and its Associated Entities is collecting your personal
information and other data for the purpose of establishing and administering
your access to the Service (along with any future service we provide and which
requires logging in) (where applicable), processing any request you make when
you contact us via the Service, and for the purpose of understanding our
audiences.
If you use your Facebook ID or Google ID to log into this Service, you also
consent to us collecting your personal information (such as your public profile
including name and email address) from Facebook or Google (as applicable) for
these purposes. Seven will handle
your personal information and other data in accordance with Seven’s Privacy
Policy which is available at www.sevenwestmedia.com.au/privacy, and which contains information regarding how you can access your
personal information, correct it and/ or make a complaint about our handling of
your personal information. Seven’s Privacy Policy also contains
information regarding the use of cookies and other technologies in order to
improve and personalise your experience by identifying and displaying content
which may be of interest to you, referring you to products and services
that may be of benefit or interest to you and displaying targeted advertising
based on those interests.

Where you elect to provide us with information
about you and your interests from time to time, you agree to the terms of the
Privacy Policy. Without limiting the foregoing:

Seven may disclose your personal information and other data to its
related entities, business partners and external service providers for
research and profiling purposes as well as other purposes reasonably
related to your relationship with Seven; and

you consent to Seven using your personal information for the
purpose of Seven and its related entities sending you information
regarding programs, products and services available through them and/ or
through their business partners. We will always provide you with the
ability to opt out of those communications.

You also agree that we may use proprietary
measurement software in the Service which will allow users to contribute to
market research or audience ratings services.

You consent to us sharing your personal
information in connection with your use of the Service with our content
licensors in connection with the enforcement of their intellectual property
rights.

14. Supplier Liability

Except
as expressly set forth herein, you expressly acknowledge that this Service is
provided ‘as is’ and any use by you of the Service is at your own risk.

To
the maximum extent permitted by law, in no event will Seven or its Associated
Entities nor its third party licensors be liable for any loss or damage,
including without limitation direct or indirect, special, incidental, or
consequential damages, losses or expenses arising in connection with the
Service, any linked site, the streaming of any Content or in connection with
any failure of performance, error, omission, interruption, defect, delay in
operation or transmission, computer virus or line or system failure, even if
Seven or its Associated Entities are advised of the possibility of such
damages, losses or expenses.

To
the extent permissible by law, we will not be liable under these Terms for any
loss of income, loss of profits, loss of contracts, loss of data or for any
indirect or consequential loss or damage of any kind howsoever arising and
whether caused by tort (including negligence), breach of contract or otherwise.

To
the extent permissible by law, our maximum aggregate liability under these
Terms whether in contract, tort (including negligence) or otherwise shall in no
circumstances exceed the amount payable by you to us in respect of the
product(s) in question.

If
you are a consumer under the Consumer and
Competition Act 2010 (Cth) (Australian
Consumer Law) the Service comes with consumer guarantees that cannot be
excluded under that Law.

We exclude to the fullest extent permitted by
law all terms implied by statute, at law, in fact or otherwise. We also exclude
to the fullest extent permitted by law all liability for any liabilities,
losses, damages, costs or expenses (whether arising in contract, tort
(including negligence) or under any other cause of action) suffered or incurred
by any person in connection with this contract or an act or omission of our or
any of our suppliers' personnel in connection with this contract:

a) on behalf of and for the benefit of our
suppliers; and

b) for ourselves, to the extent permitted by the
Australian Consumer Law.

Nothing
in these Terms shall limit or exclude our liability for death or personal
injury caused by our negligence.

15.
Assignment

We may transfer all or part of our rights and
obligations under these Terms to our business partners or related bodies
corporate. However, if assignment is likely to have a detrimental impact on
you, and that impact is more than a minor impact, we will notify you about this.

The Service
is provided for your personal, non-commercial use, and may not be resold, in
whole or in part.

16. Indemnity

You agree
to indemnify and hold us harmless from and against any and all claims,
proceedings, injuries, liabilities, losses, costs and expenses (including
reasonable attorneys’ charges on an indemnity basis), including but not limited
to claims against us or our related companies alleging negligence, copyright
infringement and/or trademark infringement, relating to or arising out of your
breach of our agreement with you (as contained in these Terms) or your misuse
of the Service.

17.Term, suspension and termination of the Service

Our agreement with you (as contained in these
Terms) commences on the date you first access the Service, and ends once terminated
earlier in accordance with these Terms.

We retain
the absolute right to immediately suspend or terminate your Service, and
terminate this agreement with you (as contained in these Terms), if:

a. you breach these Terms in a
material way;

b. you misuse (or we can establish you
have attempted to misuse) the Service or your use of the Service is reasonably considered by us to be fraudulent
or to adversely affect the integrity of the Service or
other customers' use of or access to the Service;

c. you use the Service in such a
manner as to infringe upon our intellectual property rights or those of our
suppliers or any third party;

d. we cease to provide the Service, or
any part of it, for example in order to comply with our legal obligations
(including legislative changes) or Court orders; or

e. we have reasonable grounds to
believe that a threat or risk of security, injury or damage exists.

We may monitor your use of the Service to
ensure that you are complying with these Terms. We will comply with our Privacy
Policy if we do.

We may investigate any alleged misuse of the Service
and may involve or assist police or other law enforcement agencies in doing so
without notice to you.

Termination will not affect either party's
respective rights or remedies.

18. Applicable
Law

These Terms are governed by the laws in force in New South Wales, Australia,
and you irrevocably and unconditionally submit to the non-exclusive jurisdiction
of the courts of New South Wales, Australia, and any courts which may hear
appeals form those courts.

If you are under 15 years old, you must give this Privacy Statement to your parent and get their permission for you to use the Service.

Seven and its Associated Entities is collecting your personal information and other data for the purpose of establishing and administering your access to the Service (along with any future service we provide and which requires logging in) (where applicable), processing any request you make when you contact us via the Service, and for the purpose of understanding our audiences. If you use your Facebook ID or Google ID to log into this Service, you also consent to us collecting your personal information (such as your public profile including name and email address) from Facebook or Google (as applicable) for these purposes. Seven will handle your personal information and other data in accordance with Seven’s Privacy Policy which is available at www.sevenwestmedia.com.au/privacy, and which contains information regarding how you can access your personal information, correct it and/ or make a complaint about our handling of your personal information. Seven’s Privacy Policy also contains information regarding the use of cookies and other technologies in order to improve and personalise your experience by identifying and displaying content which may be of interest to you, referring you to products and services that may be of benefit or interest to you and displaying targeted advertising based on those interests.

Where you elect to provide us with additional information about you and your interests from time to time, and when you provide us with your contact details when you contact us, you agree to the terms of the Privacy Policy. Without limiting the foregoing, Seven may disclose your personal information and other data to its related entities, business partners and external service providers for research and profiling purposes as well as other purposes reasonably related to your relationship with Seven.

Where you elect to provide us with information about you and your interests from time to time, you consent to Seven using your personal information for the purpose of Seven and its related entities sending you information regarding programs, products and services available through them and/ or through their business partners. We will always provide you with the ability to opt out of those communications.

You also agree that we may use proprietary measurement software in the Service which will allow users to contribute to market research or audience ratings services.

You consent to us sharing your personal information in connection with your use of the Service with our content licensors in connection with the enforcement of their intellectual property rights.

Privacy Statement

If you are under 15 years old, you must give this Privacy Statement to your parent and get their permission for you to use the Service.

Seven and its Associated Entities is collecting your personal information and other data for the purpose of establishing and administering your access to the Service (along with any future service we provide and which requires logging in) (where applicable), processing any request you make when you contact us via the Service, and for the purpose of understanding our audiences. If you use your Facebook ID or Google ID to log into this Service, you also consent to us collecting your personal information (such as your public profile including name and email address) from Facebook or Google (as applicable) for these purposes. Seven will handle your personal information and other data in accordance with Seven’s Privacy Policy which is available at www.sevenwestmedia.com.au/privacy, and which contains information regarding how you can access your personal information, correct it and/ or make a complaint about our handling of your personal information. Seven’s Privacy Policy also contains information regarding the use of cookies and other technologies in order to improve and personalise your experience by identifying and displaying content which may be of interest to you, referring you to products and services that may be of benefit or interest to you and displaying targeted advertising based on those interests.

Where you elect to provide us with additional information about you and your interests from time to time, and when you provide us with your contact details when you contact us, you agree to the terms of the Privacy Policy. Without limiting the foregoing, Seven may disclose your personal information and other data to its related entities, business partners and external service providers for research and profiling purposes as well as other purposes reasonably related to your relationship with Seven.

Where you elect to provide us with information about you and your interests from time to time, you consent to Seven using your personal information for the purpose of Seven and its related entities sending you information regarding programs, products and services available through them and/ or through their business partners. We will always provide you with the ability to opt out of those communications.

You also agree that we may use proprietary measurement software in the Service which will allow users to contribute to market research or audience ratings services.

You consent to us sharing your personal information in connection with your use of the Service with our content licensors in connection with the enforcement of their intellectual property rights.